Marston v. Kuhland

This is an action for the enforcement of a trust and for an accounting. The appeal is taken directly to this court. By section 4, article VI, of the constitution of the state, “appellate jurisdiction on appeal from the superior courts in all cases in equity, except such as arise in justice’s courts,” is given to the supreme court. By the same section and article of the constitution it is provided that “no appeal taken to the supreme or to a district court of appeal shall be dismissed for the reason only that the same was not taken to the proper court, but the cause shall be transferred to the…